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2021 Supreme(Gau) 337

SUDHANSHU DHULIA, M.R.PATHAK
Fr. Thomas Ekka S/o Late Morish Ekka – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. D. Bhattacharyya.
For the Respondents: Ms. S. Jahan, Mr. G. Uddin.

ORDER :

1. The matter is taken up through video conferencing.

2. Heard Mr. D.K. Bhattacharyya, learned counsel for the appellant. We have also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam appearing for respondent no. 1 as well as Mr. G. Uddin, learned counsel for respondent no. 2.

3. This is an appeal filed by the accused challenging the order dated 10.03.2016, passed by the Additional Sessions Judge, Fast Track Court, Tezpur, in Sessions Case No. 187/2007 (State of Assam vs. Fr. Thomas Ekka), by which the present appellant has been convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000/- and, in default to suffer rigorous imprisonment for another one month.

4. The brief facts of the case as presented by the prosecution show that the alleged incident occurred on the night of 02.09.2005 at a place called Bishop’s House of the Tezpur Diocese, at Tezpur, Assam. In the incident, the Vicar General of Tezpur Diocese, Father Mathew Nellickal, was allegedly killed by the accused/appellant in the night of 02.09.2005, after 9:30 P.M. The body of the deceased was discovered by PWs 3 an

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